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personal information to nonaffiliated 3rd parties, a credit | services organization shall comply with the provisions of the | federal Gramm-Leach-Bliley Act, 15 United States Code, Section 6801 | et seq. (1999) and the applicable implementing federal Privacy of | Consumer Information regulations, as adopted by the Office of the | Comptroller of the Currency, 12 Code of Federal Regulations, Part | 40 (2001); the Board of Governors of the Federal Reserve System, 12 | Code of Federal Regulations, Part 216 (2001); the Federal Deposit | Insurance Corporation, 12 Code of Federal Regulations, Part 332 | (2001); the Office of Thrift Supervision, 12 Code of Federal | Regulations, Part 573 (2001); the National Credit Union | Administration, 12 Code of Federal Regulations, Part 716 (2001); | the Federal Trade Commission, 16 Code of Federal Regulations, Part | 313 (2001); or the Securities and Exchange Commission, 17 Code of | Federal Regulations, Part 248 (2001), if the credit services | organization is a financial institution as defined in those | regulations.__This subsection is not intended to permit the release | of health care information except as permitted by Title 22, section | 1711-C or Title 24-A, chapter 24. |
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| | 2.__Opt in; disclosure to nonaffiliated 3rd party.__A credit | services organization required to comply with subsection 1 may | not disclose, directly or through an affiliate, to a | nonaffiliated 3rd party any nonpublic personal information unless | the person to whom the information pertains has affirmatively | consented to the disclosure in writing and has not withdrawn that | consent.__This subsection does not prohibit the disclosure of | nonpublic personal information by a credit services organization | to a nonaffiliated 3rd party to the extent such a disclosure is | permitted by the federal Gramm-Leach-Bliley Act, 15 United States | Code, Section 6802, subsection b, paragraph 2 and subsection e. |
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| | 3. Use of terms.__As used in this section, unless the context | otherwise indicates, the terms "affiliate," "nonaffiliated 3rd | party" and "nonpublic personal information" have the same | meanings as in the federal Gramm-Leach-Bliley Act, 15 United | States Code, Section 6801 et seq. (1999). |
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| | Sec. A-4. 9-A MRSA §11-122, as enacted by PL 2001, c. 262, Pt. A, | §4, is repealed and the following enacted in its place: |
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| §11-122.__Privacy of consumer financial information |
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| | 1.__Compliance with federal law and regulations.__Except as | provided in subsection 2 with respect to disclosure of nonpublic | personal information to nonaffiliated 3rd parties, a merchant who | enters into a rental-purchase agreement with a consumer shall | comply with the provisions of the federal Gramm-Leach-Bliley Act, | 15 United States Code, Section 6801 et seq. (1999) and the |
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